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A $1.5 million settlement has been reached in a class action lawsuit alleging a cryogenic storage tank located at a ReproMed fertility clinic malfunctioned in May 2018 and damaged embryos, sperm and eggs that were stored in the tank.
If you lost viable embryos or eggs due to the ReproMed cryogenic storage tank malfunction, you may be eligible for compensation from the class action settlement.
The ReproMed class action lawsuit was filed in 2018 by a Toronto woman who says the eggs she stored at ReproMed, the Toronto Institute for Reproductive Medicine, were destroyed due to the storage tank malfunction.
The plaintiff, who was 39 years old at the time of the filing, reportedly had 65 eggs stored at ReproMed when the cryogenic storage tank malfunctioned, causing the temperatures in the freezer to become too high to properly store embryos, sperm and eggs.
She is represented by Gluckstein law firm, which said in a 2018 press release that ReproMed was “negligent in its inspection, monitoring, and maintenance of a storage freezer which failed in late May, destroying her eggs and hopes for a family.”
An email sent by Dr. Del Valle reportedly informed the woman that her eggs were destroyed due to the vacuum pump in the freezer malfunctioning.
According to the plaintiff, she paid more than $10,000 to store her eggs with ReproMed. She told The Star that, as a middle-aged “single mother with no partner,” storing her eggs was a way to provide her with some hope that she could have more children in the future.
After she received the email informing her of the freezer malfunction, she says she cried in her car. “I was so terrified,” she told The Star. “The security for my future is now gone.”
She says she filed the ReproMed class action lawsuit to hold the companies accountable and to potentially prevent similar problems from occurring in the future.
“This has affected me dramatically,” she told The Star. “I hope what I do now can prevent this from happening again. I hope no other family will suffer what I have been suffering, to be heartbroken and feel this kind of loss and devastation.”
The freezer tank was manufactured by Chart Industries, which has reportedly been the target of several lawsuits in the United States over allegations of storage tank malfunctions that have damaged or destroyed frozen embryos, eggs and sperm.
The ReproMed class action lawsuit sought $25 million in special and aggravated damages.
The defendants named in the ReproMed class action lawsuit include Chart Industries, Praxair Canada Inc. (the alleged distributor of the tank), ReproMed Ltd., The Toronto Institute for Reproductive Medicine Inc., and Dr. Alfonso Del Valle.
Without admitting liability, fault or wrongdoing, the defendants agreed to settle the ReproMed class action lawsuit. On Dec. 19, 2019, the court certified the ReproMed class action lawsuit for settlement purposes.
The deadline to opt out of the ReproMed class action settlement passed on March 10, 2020. According to the ReproMed settlement documents, Claim Forms will be sent directly to eligible Class Members who did not opt out.
If you believe your embryos, sperm or eggs were compromised by ReproMed, you can contact Gluckstein Lawyers via a form on ReproMed.Gluckstein.com.
Who’s Eligible
Class Members of the ReproMed settlement include all patients whose eggs or embryos were stored in the tank that malfunctioned.
Potential Award
Varies. The amount each Class Member will receive depends on certain factors, including whether they signed a release with the ReproMed defendants.
Class Members who did not sign releases with the ReproMed defendants are entitled to make a claim for their original treatment costs or subsequent treatment costs.
If you submit documentation indicating your intention to have a subsequent treatment, you can claim up to $25,000. If no acceptable documentation for expected subsequent treatment is provided, the Class Member may receive a payment of $10,000 if the destroyed material included only eggs, $15,000 if the destroyed material contained embryos, and $20,000 if the destroyed material contained embryos with donor eggs.
After all Class Members’ expenses are reimbursed (up to $400,000 total), any remaining money will be distributed on a pro rata basis based on a point system. Class Members who signed a release will have their total number of points discounted by 50%.
Proof of Purchase
Claimants must provide proof of payment for their original treatment costs or their subsequent treatment costs. If they have not yet had a subsequent treatment, Class Members may provide a declaration attesting to their intention to undergo future treatment and describing the intended treatments.
Proof of payment can include receipts, invoices, credit card or banking statements, or other documentation that is acceptable to the Class Counsel.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
Unknown. The settlement documents state that Claim Forms are due two months after notice of the ReproMed class action settlement is sent to Class Members.
Case Name
A.Z.P., et al. v. ReproMed, Ltd., et al., Case No. CV-18-00002489-00CP, in the Ontario Superior Court of Justice, Canada
Final Hearing
2/5/2020
Settlement Website
Claims Administrator
ReproMed Fertility Class Action
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
Class Counsel
SISKINDS LLP
GLUCKSTEIN PERSONAL INJURY LAWYERS
RASTIN & ASSOCIATES
HARTE LAW PROFESSIONAL CORPORATION
Defense Counsel
LERNERS LLP
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